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Review of Limited Merits Review Regime: Consultation Paper

At its 19 August 2016 meeting the Energy Council tasked the Council’s Senior Committee of Officials with undertaking a review of the Limited Merits Review (LMR) regime by December 2016.

LMR allows parties affected by Australian Energy Regulator decisions to have the decisions reviewed by the Australian Competition Tribunal where it can be established that there are grounds for this to occur; for example, regulatory errors and that addressing them would result in a materially preferable decision.

The Review will assess the effectiveness of the merits review regime, including the role of the Tribunal, under the National Electricity Law and National Gas Law. Officials will consider options for reform of the LMR regime that will best advance the interests of consumers.

As part of the public consultation for the review, consumers, network service providers and other interested stakeholders were invited to submit written feedback by3 October 2016 and a public consultation session was held in Melbourne on 21 September 2016.

All stakeholder submissions received in response to this consultation process are available below, excluding where stakeholders clearly indicated that a submission should remain confidential, either in whole or in part.

Submissions were received by the following stakeholders, on a confidential basis: